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(영문) 서울중앙지방법원 2013.11.14 2012가합530571

임대차보증금

Text

1. Defendant A shall deliver to Defendant B the real estate listed in the separate sheet.

2. Defendant B shall be attached to Defendant A.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a credit guarantee agreement, etc. (hereinafter “C”) around December 5, 2008.

B) As regards the foregoing, C entered into a credit guarantee agreement with respect to the debt of a loan from an enterprise bank with a credit guarantee limit of KRW 190 million, and from December 5, 2008 to December 4, 2009, with a guarantee period of KRW 190 million, and issued a written credit guarantee agreement to C. C, while entering into the said credit guarantee agreement, upon the performance of a guarantee obligation by subrogation of the Plaintiff in lieu of C, agreed to reimburse the Plaintiff for the amount of the performance of the guarantee obligation, the amount of damages for delay, penalty, guarantee fee, and expenses in accordance with the interest rate determined by the Plaintiff (15%). D, the representative director of C, at the time of the said credit guarantee agreement, was jointly and severally and severally guaranteed by C with the Plaintiff at the time of the said credit guarantee agreement. (2) At that time, C submitted the said credit guarantee agreement to the enterprise bank and received a loan of KRW

Then, on December 4, 2009, the Plaintiff extended the guarantee period to June 30, 201 and changed the guarantee principal to KRW 180,500,000.

B. (1) On the other hand, Defendant A entered into a pledge agreement on the lease deposit, and on September 2, 2006, the real estate listed in the separate sheet from Defendant B (hereinafter “instant real estate”).

(2) From September 15, 2006 to September 14, 2008, the lease deposit was set at KRW 220 million and the lease deposit was renewed thereafter. On September 15, 2010, the above lease deposit was increased to KRW 240 million and the lease term was changed to KRW 240 million until September 14, 2012.2) The Plaintiff entered into a pledge agreement with Defendant A on December 31, 2010 with respect to the above lease deposit refund claim amounting to KRW 240,000,000,000,000,000,000,000.